• HINTS FOR HAULIERS.
Page 15
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The Vital Question of Load Insurance. The Position of the Haulier as a "Common Carrier," and the Security He Affords to Consignors.
IT DID NOT appear in the editorial reference to a burning furniture van a few weeks ago whether the vehicle was the property of the haulier or not. The probabilities are, however, that it was, and the question. arises: Who is going to pay for the damage ? Was the vehicle insured, and was its load insured ?
Many hauliers insure their vehicles ; all of them, of course, should do so, but few insure the loads that they carry. The majority of small hauliers, encountering such. a misfortune as that which we have in mind, and havingto compensate the owner of the goods for their loss, would be absolutely ruined, and it is, therefore, advisable for all of them to consider vehether they would prefer to run that rikk or to go to the slight additional expense of insuring against ...
it. Indeed, the much more important matter of the haulier's general reiiponsibility to his clients, is brought into prominence by consideration of this 'untoward occurrence. '
I doubt if more than one in a hundred of small haulage contractors realizes the very strict liability (one Of the most stringent in law) that falls upon them when they commence to carry goods for profit. By their very actions anal procedure they generally bring themselves within the definition of "Common. Carriers," which says that "a 'Common Carrier' is a proprietor of wagons, carts, etc., who, as a put lie and common employment for hire carries goods frail one town to another or from one part of a town to another."
The Liability of the Common Carrier.
Now, " a common carrier is liable by the custom of the Realm in case of loss of or injury to the goods,. unless the loss or injury arises from : (1) The act of God ; (2) the King's enemies ; (3) contributory negligence oh the part of the bailor (owner Of the goods); (a) inherent vice in, or natural deterioration of, the thing carried."
His responsibility "is fixed by the acceptance of the i goods, whether the acceptance -he in a special manner or according to the usage of his business." It "commences with a complete delivery (to him) of the goods .to be forwarded, -if accepted with or without a special agreement as to reward ; for the obligation to carry safely on delivery carries with it a proinise to keep safely before the goods are put in itinere" (in—fransit).
As to the termination of his responsibility: " So long as the carrier retains the possession of, or the control over, the goods, or is to perform any further duty, either by custom or contract as a carrier, he is responsible for their safety.' That sums up the responsibility of the cornmon carrier. His liabilities, however, are exceptionally severe. "A carrier is liable where the loss or damage is occasioned by the irresistible force and violence of robbers and mobs." This is most serious, and is a responsibility which an insurance company does not assume in connection with any ordinary policy, such responsibility having
to be paid for by an additional premium. As an _ example of the working of this particular clause, it is interesting to note that it has been held that the master of a ship on board of which goods have been laden in the River Thames for a foreign port, is liable for the loss of the goods occasioned by forcible robbery while the ship is lying in the river. Moreover, "where goods are entrusted to a common carrier, to be carried for reward, and are lost otherwise than by the Etat of God or the King's enemies, it is presumed-in law that they are lost by
negligence, fraud, or 'connivance on his part." In other Words, it is not necessary for the actual owner of the goods (the bailor) to prove negligence against' the common carrier; it is assumed always to have taken place! Thebusiness of the common carrier is, therefore, nc sinecure. His burden "has been summed alp sueeinctly by a famous Loki Chief Justice, who as-id: "To give due security to property,the-law has added to the responsibility ofa carrier which ,immediately arises out of his contractto 'Carry for: a reward, namely, that-of taking all reaSonahle care of it, the responsibilityof an insurer: Froth his liability as an insurer the carrier is only to be relieved by two things, both -.so well known toall the eduntay when they happen that no person will be so rash as to attempt to prove that they had happened when they had not, namely, the act of God and the King's enemies."
I can readily imagine a good many of my readers having 'a -sleepleis night or two after reading this. it is the best elan to insure, and in this mattei it is necessary to bear in mind that insuring the vehicle does not insure the load. It is also necessary to-note that independent insurance of the load to provide for , compensation in the event of loss by theft is in some cases advisable :.it is poasible, and it is comparatively expensive. So serious 'has the risk of theft become of late, that a good many insurance companies will not entertain the business at all, and the haulier will find it his' bestplan to take out insurance •policies againstloss or damage, and, possibly, to accept poli• cies in which he himself bears the cost of the first £2 10s. .or £5 of the damage.
The Competition of the Law-free Load Seeker.
This special responsibility of the common carrier and its application to the haulage contractor (upon which I have thought it advisable to dwell at some length) has its advantages from our point of view. The biggest nuisance to the bona-fide haulier to-day the ordinary owner of a motor vehicle who accepts casual loads at low rates, so as to reduce the extent of his light running and to help pay for the cost of his transport.. Such a man, since he does not pose as "a proprietor of wagons, carts, etc., who carries goods as a public and common employment" is not, according to the legal definition a common carrier, so that the misguided person who has confided an odd load to his charge has no security whatever against this loss or damage. It is very doubtful if he could claim against the owner of the lorry for damages, and even if he did, it would be necessary for success that he should be able to prove actual negligence on the part of the bailee, which, as I have pointed out, is not necessary in the case of a common carrier. What is wanted now is that one or two good cases of loss of this kind should occur and that ample publicity should be given to them, ao that the ordinary "man who has loads to be carried should be aware of the risk he runs, when he parsimoniously talacee them in charge of a person who is not equipped to do justice to that class of employment. The business of insurance of motor vehicles of all types, including motor coaches, private hire cars and taxicabs ; the insurance of loads and of passengers is dealt with by the writer at considerable length in that Special Number of The Commercial Motor called the " 1923 Outlook Number," which is to be published to-morrow. The same issue also contains the most complete table of running costs and hire charges for commercial vehicles of all types. THE SKOTCH.